Helsinki Commission Provides Robust, Bipartisan U.S. Representation at Inter-Parliamentary Gathering in MoroccoMonday, November 04, 2019
Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) led a congressional delegation to Marrakech, Morocco, in early October for the 18th Autumn Meeting of the OSCE Parliamentary Assembly (OSCE PA). The delegation included Helsinki Commission Co-Chairman Sen. Roger Wicker (MS), an OSCE Vice President and head of the U.S. Delegation to OSCE PA in 2019, as well as Ranking House Commissioner Rep. Joe Wilson (SC-02), Commissioner Rep. Emanuel Cleaver (MO-05) and Rep. Andy Harris (MD). Prior to arriving in Marrakech, the delegation visited Tunisia and Israel for a firsthand examination of what recently has been a dynamic political landscape in each country, with implications for U.S. policy. The Assembly’s ongoing activities provide the United States good opportunities for active engagement of its allies and friends, as well as to advance issues of U.S. concern or interest. Autumn Meetings were established in 2002 to bridge the gap between the OSCE PA’s annual sessions, usually held in late June or early July and ending with the adoption of a substantive declaration, and winter meetings held in mid-February to engage OSCE officials and institutions. Autumn meetings provide an additional opportunity for dialogue and often include—as was the case in Marrakech—a forum focusing on Mediterranean issues. The program also includes a meeting of the Standing Committee, composed of heads of delegations, which makes many of the executive decisions shaping OSCE PA activity. For the first time, in 2019 the Autumn Meeting was hosted not by an OSCE participating State, but by a Mediterranean partner country. The 2019 meeting attracted approximately 190 parliamentarians from among the 57 participating States and five Mediterranean partner countries. The U.S. delegation was the largest ever to an Autumn Meeting, making overall U.S. participation in the OSCE PA in 2019 the highest since the assembly was founded in 1991. Chairman Hastings addressed the Mediterranean forum, reporting on the delegation’s visit to Tunisia and Israel beforehand and emphasizing the need to increase opportunities for youth and to engage civil society. Co-Chairman Wicker also reported on delegation travels in the Standing Committee, concentrating on elections and government formation in Tunisia and Israel, adding that in Israel the threat posed by Iran also was an important topic. He also noted that the U.S. Government shared the concerns of France and Italy, among other countries, regarding Turkish drilling for natural gas in the Mediterranean Sea near Cyprus. The three other sessions of the Autumn Meeting focused on the security, economic/environmental and human dimensions of OSCE work, each with guest speakers from the host country or elsewhere in Africa. In his capacity as a Vice President of OSCE PA, Sen. Wicker chaired a session on the exchange of best practices between the OSCE and African regional partners, noting that the OSCE’s concept of “comprehensive security” has had successful applications in European dialogue that could also be valuable in the wider Euro-Mediterranean region. Rep. Harris spoke in a session highlighting economic development and environmental migration, addressing issues ranging from human trafficking to energy diversity to water supplies. In a session on combating intolerance and discrimination based on religion or belief, Rep. Cleaver focused on the real dangers of rising intolerance in an ever-smaller world. On the margins of the formal sessions, the U.S. delegation held bilateral meetings with the parliamentary delegations of Ukraine and Morocco, and Chairman Hastings hosted all attending Mediterranean partner country parliamentarians to a session focusing on U.S. policy and interests in North Africa and the Middle East. Chairman Hastings and Co-Chairman Wicker also participated in a working lunch to discuss possible reforms of the OSCE PA to make the Assembly more effective and visible. Rep. Harris attended an event convened by the OSCE Ad Hoc Committee on Migration, while Rep. Joe Wilson met with the Bulgarian and other delegations to discuss items of common interest. The U.S. delegation also extensively engaged parliamentarians and diplomats from Albania ahead of that country’s chairmanship of the OSCE in 2020. While the OSCE PA will remain active throughout the remainder of 2019—including observing elections in Belarus and Uzbekistan and attending the December meeting of the OSCE Ministerial Council in Bratislava, Slovakia—the next large gathering of OSCE PA delegates will be in February of 2020, for the Winter Meeting in Vienna.
At What Cost?Thursday, October 31, 2019
Sparked by the recent Turkish military offensive in northeastern Syria, increased tensions between the United States and Turkey have reignited the debate about the future of U.S.-Turkish bilateral relations. The Helsinki Commission convened this hearing to discuss how the United States should respond to the Turkish Government’s continuing abuse of human rights and fundamental freedoms. Expert witnesses at the hearing reviewed prominent cases of politically-motivated prosecution, failures of due process, and prospects for judicial reform as they relate to Turkey’s commitments as a member of both the OSCE and NATO. The panel also evaluated President Erdogan’s plan to return millions of Syrian refugees to their war-torn country or push them to Europe, and the human consequences of his military incursion into Syria. Presiding over the hearing, Commission Ranking Member Rep. Joe Wilson affirmed that as co-chair for the Caucus on U.S.-Turkey Relations & Turkish Americans he supports the people of Turkey and the U.S.-Turkish alliance. He cautioned, however, that President Erdogan’s actions threaten to undermine that alliance and damage the security of the region. Rep. Marc Veasey noted that Turkey is being “torn between two worlds”: one of democracy and one of autocracy. Sen. John Boozman and Rep. Steve Cohen were also present at the hearing. The Commission heard testimony from Gonul Tol, Director of the Center for Turkish Studies at the Middle East Institute; Merve Tahiroglu, the Turkey Program Coordinator at the Project on Middle East Democracy (POMED); Henri Barkey, the Bernard L. and Bertha F. Cohen Professor at Lehigh University; Eric Schwartz, the President of Refugees International; and Talip Kucukcan, professor of sociology at Marmara University. Dr. Tol testified that “most freedoms under Turkish President Recep Tayyip Erdogan have been dramatically curtailed” but counseled that Turkey “is not a fullblown dictatorship.” The Turkish government has targeted activists, journalists, and opposition politicians with “trumped-up terrorism charges and “largely criminalized Kurdish political expression.” She highlighted the opposition’s recent victories in mayoral elections as “a testament to the peoples of Turkey, the great majority of whom refuse to give up on the idea of democratic rule.” Dr. Tol further urged the United States to view “the Kurdish question…[as] a matter of democratization and human rights” for the Turkish state. Ms. Tahiroglu explained the deterioration of the rule of law under Erdogan’s government. According to her testimony, Erdogan’s administration has politicized the judiciary and rendered it “a main weapon against government critics and opponents” through repressive laws and false terrorism charges. She noted key judicial cases against civil society activists, journalists, opposition politicians, professors, U.S. citizens, and employees of U.S. consulates in the country. Ms. Tahiroglu testified that the breakdown of the rule of law in Turkey matters for U.S. interests because it has swept up U.S. citizens, “fuels anti-Americanism,” and “embolden[s] Turkey’s aggressive policies abroad by suppressing dissenting voices.” Dr. Barkey focused his testimony on the Turkish government’s suppression of the struggle for recognition of Kurdish social and political identity. Barkey explained the significance of the People’s Democratic Party (HDP)—Turkey’s second largest opposition party—in providing an opportunity for Turkey’s Kurdish population to participate in Turkish politics. “From that perspective, they have been very, very successful,” Barkey assessed. “It may have been far too successful for its own good.” Dr. Barkey detailed President Erdogan’s “relentless campaign to dismantle and delegitimize the HDP.” Mr. Schwartz spoke about the humanitarian implications of Turkey’s incursion into northeastern Syria. The reports of human rights abuses and civilian deaths are cause for deep concern, he said. He criticized the decision to withdraw U.S. troops from Syria instead of implementing a strategic departure. Schwartz concluded with a recommendation for the United States to support locally based NGOs that provide humanitarian assistance to populations by the Turkish operation. Dr. Kucukcan reminded the audience that Turkey’s incursion occurred with President Donald Trump’s consent. The incursion, he noted, serves to protect Turkey’s national security and preserve the territorial integrity of Syria. Dr. Kucukcan disputed that Turkey plans “ethnic cleansing” or “demographic engineering in places where [military] operations took place.”
Helsinki Commission to Host Briefing on Kremlin Mercenaries AbroadWednesday, October 30, 2019
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: PUTIN’S SHADOW WARRIORS Mercenaries, Security Contracting, and the Way Ahead Wednesday, November 6, 2019 10:00 a.m. Rayburn House Office Building Room 2359 Live Webcast: www.facebook.com/HelsinkiCommission Reports of shadowy Russian mercenaries in unexpected locations have grown more frequent and alarming. Yet western understanding of the Kremlin’s use of private contractors—useful to Moscow for their deniability and relatively low cost—remains limited. Policy responses can be complicated by the potential conflation of Russian organizations, like the Wagner Group, with the private military and security companies used by the United States and its allies. At this Helsinki Commission briefing, experts will shine a spotlight on the Kremlin’s destabilizing use of mercenaries around the world; clarify the difference between Moscow’s approach and that of the United States and its allies; and review efforts underway internationally, within the OSCE and elsewhere, to develop and promote norms that would govern the use of private security and military companies. Panelists scheduled to participate include: Dr. Deborah Avant, Josef Korbel School of International Studies, University of Denver; author of The Market for Force: the Consequences of Privatizing Security; director of the Private Security Monitor Dara Massicot, Policy Researcher, RAND Corporation; former senior analyst for Russian military capabilities at the U.S. Department of Defense Col. Christopher T. Mayer (U.S. Army, Ret.), former Director of Armed Contingency Contractor Policies and Programs for the U.S. Department of Defense, responsible for the department's utilization of private security companies
2019 ECONOMIC AND ENVIRONMENTAL DIMENSION IMPLEMENTATION MEETINGMonday, October 28, 2019
By Camille Moore, Policy Advisor From October 14 – 15, 2019, approximately 150 senior officials, experts, academics, and non-governmental organization representatives gathered in Vienna, Austria for the 2019 Organization for Security and Cooperation in Europe (OSCE) Economic and Environmental Dimension and Implementation Meeting (EEDIM). Transboundary cooperation over natural resources is key to avoiding future geopolitical challenges; however, a changing global climate presents more existential obstacles. For example, the European Academies’ Science Advisory Council – a body of 27 national science academies from the EU, Norway, and Switzerland – found that the number of costly floods and other hydrological events have quadrupled since 1980 and have doubled since 2004. As the world’s largest regional security organization, the OSCE is uniquely equipped to address transboundary issues related to economics and the environment. For example, across the OSCE region there are over 150 river and lake basins shared by two or more participating States, making joint agreements and cooperation critical to conflict prevention and sustainable development. The 2019 EEDIM focused on the management, legal protection, and cooperation around energy and shared natural resources like water. Environmental crimes, good “green” governance, and the inclusion of women in water management were all highlighted at the meeting. Historically, the EEDIM sets the agenda for the decisions made at the annual December Ministerial Council. While the 2019 discussion was constructive and several noteworthy initiatives were shared, the overall dialogue focused on past accomplishments rather than plans to critically assess the present strength or future of shared cooperation over natural resources. Environmental Crimes Environmental crime is the third most lucrative transnational crime activity today—after narcotic drugs trafficking and counterfeiting—and generates an estimated $281 billion in illicit profits annually. The Group of Friends on the Environment is an informal coalition of participating States seeking to keep transboundary environmental crimes and environmental good governance high on the OSCE agenda. Participants include OSCE participating States Albania, Germany, Austria, Canada, the United States of America, France, Georgia, Italy, Kazakhstan, Latvia, Lithuania, Montenegro, the Czech Republic, the United Kingdom, Slovakia, and Switzerland. Defending the environment is no easy task and dangerous work. One non-governmental organization (NGO) present at the 2019 EEDIM noted the need for dedicated support to combat the perpetrators of environmental harm. Rather than inspiring further discussion about the real dangers faced by environmental defenders, however, the statement was met only with vague comments from a handful of participating States on the importance of funding environmental protection. Good “Green” Governance The Maastricht Strategy (2003) defines good governance as a contribution to prosperity, stability, and security at all levels. Within the environmental dimension, the OSCE promotes commitments to both good governance and environmental sustainability. Most, if not all, participants shared their 2030 plans to “green” their economies, which included measures like limiting industrial risk, aligning national and international economic agreements, and modernizing technological innovation for greater efficiency. Instead of sharing the obstacles they face in reaching the 2030 sustainable development goals or the funding and support they need to realistically meet their needs (for example, the OSCE offers its support of cross-border cooperation in the form of agreements like those between Albania and North Macedonia like the Ohrid Lake Joint Commission which establishes a framework for integrated border management to stabilize relations over Ohrid Lake), most nations focused solely on national policy strategies and improved legislative frameworks. Womenomics and Water Management Women are disproportionately burdened when water resources are mismanaged or scarce. “Women are much more active than men in activities related to water,” says Matluba Rajabalieva, Chairperson of the Garm Development Centre, a Tajikistan-based NGO working to promote women and girls’ empowerment in communities. Womenomics, the idea that women’s economic advancement improves the whole economy, has been well-documented in water management and has fueled several OSCE initiatives. The OSCE and its participating States have developed programming and initiatives that address water diplomacy with women-centric solutions. Through workshops, initiatives, and activities, the OSCE Gender Section and the Office of the Coordinator of OSCE Economic and Environmental Activities (OSCEEA) connects water users and decision makers and ensures gender parity between the two groups. At the EEDIM, the Permanent Delegation of Finland to the OSCE hosted an official side event titled “Water Diplomacy, Proactive Peace Mediation,” which focused on the OSCEEA’s extra-budgetary project, “Women, Water Management and Conflict Prevention.” The project aims to enhance the participation of women in conflict resolution and water management at all levels in Central Asia and Afghanistan. The Kazakh-German University also recently launched a water resource management program which focuses on women participation.
Hastings and Cardin Condemn Mob Attack on Budapest Community CenterFriday, October 25, 2019
WASHINGTON—Following Wednesday’s mob attack on Aurora, a small Jewish community center that provides office space to civil society groups in Budapest, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Sen. Ben Cardin (MD) issued the following statements: “Wednesday’s mob attack on Aurora is an alarming escalation of violence toward minorities and civil society groups in Hungary. This second attack by paramilitary-style extremists in less than a month sends a frightening message: Authorities cannot, or will not, protect you,” said Chairman Hastings. “A decade ago, far-right extremists in Hungary orchestrated dozens of violent attacks, murdering six Hungarians including five-year-old Robert Csorba. The Government of Hungary must not allow such a tragedy to occur again.” “The Hungarian Government may boast of a ‘zero-tolerance for anti-Semitism’ policy abroad, but in reality, in Budapest they traffic in anti-Semitic tropes, honor fascist-era leaders and ideologues, and stoke hatred of migrants and Muslims,” said Sen. Cardin, who also serves as the OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance. “Actions speak louder than words. I hope that available photographs of the mob will aid law enforcement in the investigation and prosecution of the perpetrators, and I commend the district’s newly elected mayor for visiting Aurora and seeking to ensure its safety.” Marom, a Hungarian Jewish association, established and runs Aurora Community Center, an umbrella organization that provides office space to small civil society groups including the Roma Press Center, migrant aid, and Pride Parade organizers. In Wednesday’s attack, the mob burned a rainbow flag and branded a para-military logo onto the premises. On September 26, the center also was attacked and vandalized by extremists. Under the Orbán government, the conditions for independent nongovernmental organizations (NGOs) in Hungary have deteriorated. Over the past two years, Hungarian authorities have accused Marom of administrative violations ranging from mismatched dates on official documents to, most recently, lacking an appropriate agreement with the center’s landlord. In 2018, Hungary passed a law establishing a 25 percent tax on organizations which engage in “propaganda activity that portrays immigration in a positive light.” It is a tax on government-disfavored speech. Hungary also adopted amendments to its "law on aiding illegal migration" that make handing out know-your-rights leaflets punishable by up to one year in prison. In 2017, Hungary adopted a Russian-style "foreign agent" law which, according to the U.S. Department of State, “unfairly burdens a targeted group of Hungarian civil society organizations, many of which focus on fighting corruption and protecting human rights and civil liberties.” The bill was proposed by the far-right wing party Jobbik. In 2014, armed police carried out raids on 13 civil society organizations, seizing computers and documents for alleged financial misconduct. No charges were ever brought against the NGOs. Between 2008 and 2010, at least six people were murdered, many others were injured, and whole communities were terrorized in a series of attacks by right-wing extremists. Maria Balog was shot in her own home in a middle-of-the-night raid that also wounded her 13-year-old daughter. Jeno Koka was shot as he got in his car to go to work. Five-year-old Robert Csorba and his father were killed by sniper fire while attempting to escape an arson attack on their home.
Helsinki Commission Hearing to Review Human Rights Developments in TurkeyFriday, October 25, 2019
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: AT WHAT COST? The Human Toll of Turkey’s Policy at Home and Abroad Thursday, October 31, 2019 10:00 a.m. – 12:00 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.youtube.com/HelsinkiCommission Sparked by the recent Turkish military offensive in northeastern Syria, increased tensions between the United States and Turkey have reignited the debate about the future of U.S.-Turkish bilateral relations. At the hearing, expert witnesses will discuss how the United States should respond to the Turkish Government’s continuing abuse of human rights and fundamental freedoms. Participants will review prominent cases of politically-motivated prosecution, failures of due process, and prospects for judicial reform as they relate to Turkey’s commitments as a member of both the OSCE and NATO. The panel also will evaluate President Erdogan’s plan to return millions of Syrian refugees to their war-torn country or push them to Europe, and the human consequences of his military incursion into Syria. The following witnesses are scheduled to participate: Henri Barkey, Bernard L. and Bertha F. Cohen Professor, Lehigh University Talip Kucukcan, Professor of Sociology, Marmara University Eric Schwartz, President, Refugees International Merve Tahiroglu, Turkey Program Coordinator, Project on Middle East Democracy (POMED) Gonul Tol, Director, Center for Turkish Studies, Middle East Institute (MEI) Additional witnesses may be added.
Remembering Rep. Elijah E. Cummings and His Global Legacy in the Security SectorThursday, October 24, 2019
By Nida Ansari, Policy Advisor and State Department Detailee and Dr. Mischa Thompson, Director of Global Partnerships, Policy, and Innovation “These measures are critical in enhancing the efficiency and effectiveness of the U.S. armed forces by addressing the under-representation of women and ethnic minorities and creating a diverse military that fully represents our nation’s citizens […] for the sake of our country, we can and must do better.” – Congressman Elijah E. Cummings Rep. Elijah E. Cummings, a stalwart voice in the U.S. Congress, passed away on October 17, 2019. Representing Baltimore, Maryland, his many legislative initiatives included groundbreaking work to advance diversity and inclusion in the security sector alongside Helsinki Commissioners and other global changemakers. In 2008, Rep. Cummings and other Members of Congress joined forces with then-Helsinki Commission Co-Chairman Sen. Ben Cardin to establish the Military Leadership Diversity Commission (MLDC). Rep. Cummings’ goal was to increase the number of people of color and women in flag officer rank by focusing on military recruitment, retention, and promotion. The 2011 MLDC final report, “From Representation to Inclusion: Diversity Leadership for the 21st-Century Military,” proposed 20 recommendations to develop policy goals and metrics to manage and sustain diversity at the U.S. Department of Defense. Following the release of the report, Rep. Cummings, Sen. Cardin, and other Members of Congress held a 2012 Congressional Military Diversity Forum with MLDC Chairman General Lester Lyles, where the general raised the urgency of implementing the report’s recommendations to maintain force levels in concert with increasing diversity in the United States. Helsinki Commission efforts—including legislation by Helsinki Commission Chairman Rep. Alcee Hastings and Sen. Cardin on the incorporation of women in combat divisions and on increasing diversity in the intelligence and national security workforces—have complemented and built upon Rep. Cummings’ work. Rep. Cumming’s efforts also were integral to the 2013 launch of the Mission Critical: Inclusive Leadership for the Security Sector program, led by the German Marshall Fund and supported by Helsinki Commission leadership. Findings from the MLDC underpin the initiative, which brought together militaries, Members of Congress, staff of the Department of Defense, other government officials and experts from Europe and the United States to review and take stock of diversity and inclusion best practices in the security sector. “There must be an assigned and qualified individual on the command level to oversee military issues including discrimination, racial profiling, and hazing. In particular, the military needs to have a more effective response against hazing cases to better identify and respond to dangerous situations. Women, minorities, and every single soldier should be able to achieve their goals when joining the military.” – Congressman Elijah Cummings, Mission Critical 2013 As part of the inaugural Mission Critical event in 2013, Congressman Cummings highlighted lessons learned from the MLDC and the need to address discrimination and other problems, including hazing, in militaries to increase diversity and ensure the success of missions critical to national security. Efforts to address these and other issues have continued at subsequent Mission Critical events, most recently in June 2019. Continuing to build upon the MLDC foundation, the event focused on diversity and inclusion issues related to personnel, the future of security, and technology in the security sector. Speakers echoed the sentiments of Rep. Cummings years before. Then-German Federal Minister of Defense Ursula von der Leyen stressed the value of religious diversity in the armed forces, sharing how she was working to get the Bundeswehr’s military chaplaincy to include Jewish rabbis and Muslim imams instead of only the traditional Protestant and Roman Catholic chaplains. Tjorven Bellmann of the German Federal Ministry of Foreign Affairs raised the importance of recruitment methods that appeal to young people from diverse backgrounds. He also noted that discrimination in the military remains a barrier for racial minorities, women, LGBT+, and other groups. Nida Ansari, a State Department detailee to the Helsinki Commission, discussed U.S. Government inclusion efforts around faith communities. Ursula von der Leyen’s elevation to the Presidency of the European Commission offers hope for highly-placed advocacy of inclusive policies and concrete strategies beyond the security sector and broader dissemination of practices shared during Mission Critical. Congressman Cummings’ vision of a more inclusive security sector, and more inclusive societies generally, at home and abroad will not soon be forgotten. Signs of progress include examples like General Lori Robinson, whose distinguished career included serving as the first woman to command a major Unified Combatant Command when she led United States Northern Command (USNORTHCOM) and the North American Aerospace Defense Command (NORAD) from May 2016 to May 2018. The rarity of her example, however, only underlines the work that Mr. Cummings well knew was still required. With special thanks to Leah Perry, former Professional Staff Member, House Oversight Committee, for her assistance in providing background information for this article.
Inclusive Leadership SummitFriday, October 18, 2019
“The real political division lies between people who believe we should be more inward looking versus those who want a more globalized world. If we don’t include citizens, then we diminish our values. Inclusivity is not a constraint, but a true opportunity we need to seize and build on.” - Drancy Mayor Aude Lavail-Lagarde, France By Nida Ansari and Dr. Mischa Thompson From September 18 to September 20, 2019, more than forty European and U.S. leaders representing 12 countries across Europe and the United States participated in the second annual Inclusive Leadership Summit held in Paris, France. Focused on Achieving Political Inclusion, the summit featured findings from a recent report and knowledge-sharing among participants on advancing the practice of inclusive leadership through four essential areas: inclusive representation in legislatures; inclusive policymaking; civic participation; and election systems. Hosted by the German Marshall Fund of the United States (GMF), the Summit included alumni of the GMF, U.S. Helsinki Commission, and State Department-supported Transatlantic Inclusion Leaders Network. As leaders incorporating inclusive practices into their organizations, participants emphasized the importance of the widening circle of representation in political discourse and establishing leadership networks to specific strategies and techniques to strengthen political inclusion. They also stressed the need for increased engagement with marginalized communities to ensure the development of policies that are inclusive of all members of society. Participants also discussed strategies for engaging political parties, navigating difficult political environments, and effectively promoting diversity across sectors to advance political inclusion. Participants also explored opportunities and pitfalls of political engagement through technology and the role of the private sector in advancing inclusivity. Dr. Mischa Thompson of the Helsinki Commission, facilitated a panel on how diverse government leaders have successfully envisioned and met inclusivity goals. Promoting safe, inclusive, and equitable societies is a priority of the Helsinki Commission for the 116th Congress. Commission efforts on inclusion have included briefings, hearings, legislation, and inter-parliamentary initiatives in the U.S. Congress and Europe. In addition, the Helsinki Commission frequently partners with the U.S. State Department and other stakeholders in the United States and Europe to empower diverse voices at the decision-making table to be able to effectively devise public policies that meet the needs of all members of society, rather than just a few.
HELSINKI COMMISSION TO REVIEW NEW WAYS TO FIGHT FOREIGN BRIBERYThursday, October 17, 2019
THIS HEARING HAS BEEN POSTPONED. RESCHEDULING INFORMATION WILL BE AVAILABLE SHORTLY. WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: ANTI-CORRUPTION INITIATIVES TO FIGHT EMERGING METHODS OF FOREIGN BRIBERY Thursday, October 24, 2019 10:00 a.m. Rayburn House Office Building Room 2128 Live Webcast: www.youtube.com/HelsinkiCommission The methods of foreign corrupt actors in the global economy have changed dramatically since America assumed the mantle of international anti-corruption champion with the passage of the Foreign Corrupt Practices Act (FCPA) in 1977. The integration of formerly closed states into the global economy and the development of transformative technologies have led to unprecedented wealth, but also unprecedented corruption. This globalized variant of corruption hollows out rule-of-law institutions and threatens to dismantle the liberal world order that underpins U.S. national security and prosperity. This hearing will examine new anti-corruption trends and initiatives to determine how the United States can most effectively engage the evolving threat of foreign bribery. Currently, while the United States still leads the world in investigating and prosecuting this crime, the foreign corrupt officials who demand bribes are not liable under U.S. law. The Foreign Extortion Prevention Act (FEPA), developed with the support of the Helsinki Commission, seeks to close this loophole. The hearing also will examine dual-use technologies such as blockchain, which have the potential to help fight foreign bribery, but also to facilitate it. The following witnesses are scheduled to testify: Patrick Moulette, Head of the Anti-Corruption Division, OECD Directorate for Financial and Enterprise Affairs Casey Michel, Journalist David Lawrence, Founder and Chief Collaborative Officer, RANE Eric Lorber, Senior Director, Center on Economic and Financial Power, Foundation for Defense of Democracies Additional witnesses may be added.
Chairman Hastings on Yom Kippur Shooting outside German SynagogueThursday, October 10, 2019
WASHINGTON—Following yesterday’s shooting outside of a synagogue in Halle, Germany, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “I am heartbroken to hear about the shooting near a synagogue in Germany where Jewish worshippers gathered to observe Yom Kippur. I stand in solidarity with the two innocent lives lost and the families and worshippers who were impacted by this senseless act of violence and hatred. As we commemorate the one-year anniversary of the Pittsburgh synagogue tragedy later this month, we must do more across borders to address these common challenges together.”
Chairman Hastings Leads Bipartisan Delegation to Tunisia, Israel, and MoroccoTuesday, October 08, 2019
WASHINGTON—From September 28 to October 6, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) led a bipartisan, bicameral U.S. delegation to Tunisia, Israel, and Morocco to assess the state of security, human rights, and democracy in the Middle East and North Africa. The delegation concluded with the OSCE Parliamentary Assembly (PA) Autumn Meeting in Marrakech, Morocco, where the strong U.S. presence demonstrated the consistent and bipartisan commitment of the United States to security and cooperation in the OSCE and neighboring Mediterranean regions. “As a Member of Congress, I spent decades traveling to the Middle East and North Africa,” said Chairman Hastings, who formerly served President of the OSCE PA as well as the OSCE PA Special Representative to the Mediterranean Partners for Cooperation. “This trip was an occasion to revisit long-standing relationships and discuss some of the most consequential dynamics impacting the Mediterranean region today.” Chairman Hastings was joined on the delegation by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS); Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), Helsinki Commissioner Rep. Emanuel Cleaver, II (MO-05), and Rep. Andy Harris (MD-01). In Tunisia, the delegation met with Interim President Mohamed Ennaceur, who noted that that the gravest threat facing his nation is the economic and social despair afflicting many young people. Members also held roundtable discussions with civil society groups and local and international election observers, who provided an assessment of the September 15 presidential election and prospects for country’s upcoming legislative election and presidential run-off. In Israel, the delegation met with both Israeli Prime Minister Benjamin Netanyahu and Palestinian Authority Prime Minister Mohamed Shtayyeh. Members also met with civil society to assess possible threats to the rule of law impacting both Israelis and Palestinians, and with Christian leaders to explore interreligious relations and the mediating role Christian churches play in the Holy Land. During the OSCE PA Autumn Meeting, Chairman Hastings and other members of the delegation discussed ways to maximize cooperation with OSCE Mediterranean Partners in areas ranging from migration and human trafficking, to tolerance and non-discrimination, to energy and water, all in the context of good governance and democratic institutions. “In the coming days, I urge you, my distinguished colleagues, to continue exploring ways to integrate civil society in our work and to deepen engagement with the OSCE Mediterranean Partners, particularly through support for, and observation of their electoral processes,” said Chairman Hastings during the meeting. Co-Chairman Wicker, who serves as a vice-president of the OSCE PA and as the 2019 Head of the U.S. Delegation to the OSCE PA, chaired a session focusing on regional and national perspectives of cooperation across North Africa and the African continent. In Morocco, members also met with the Algerian, Moroccan, and Ukrainian delegations to the OSCE PA; OSCE PA President George Tsereteli; and OSCE PA Secretary General Roberto Montella.
Remarks to the Mediterranean ForumFriday, October 04, 2019
Autumn Meeting of the OSCE PA *NOTE: As prepared for delivery* Before arriving in Morocco, I led a bicameral and bipartisan Congressional delegation to Tunisia and Israel. While in these countries, my colleagues and I held high-level exchanges with national leadership, civil society, religious leaders, and others to assess the current state of regional security, human rights and democracy. As a Member of Congress, I spent decades traveling to the Middle East and North Africa. I was never more proud of that engagement, than when I served as President of the Parliamentary Assembly and its Special Representative to the Mediterranean Partners for Cooperation. This trip was an occasion to revisit longstanding relationships and discuss some of the most consequential dynamics impacting the Mediterranean region today. Our delegation arrived in Tunisia and Israel at sensitive political moments. Tunisia held its second democratic presidential election ever on September 15 and will follow in the coming weeks with its third-ever free legislative election and a presidential run-off. In Israel, the country’s second national election this year on September 17 once again delivered an ambiguous result, touching off a flurry of government formation negotiations with no end in sight. In Tunis, my colleagues and I met with Interim President Mohamed Ennaceur. I commended him for leading his country through a historic peaceful transition of power following the death of President Beji Caid Essebsi earlier this year. When I asked about the most serious existential threat facing Tunisia, he had a bracing assessment: that the gravest threat is the economic and social despair afflicting so many youth. We should heed President Ennaceur’s words and commit ourselves during this meeting of the Parliamentary Assembly to discussing ways to restore hope and opportunity for the youth in our societies. Early next year, I intend to do my part to respond to the call of President Ennaceur and others by hosting young parliamentarians from throughout the OSCE region and the Partners for Cooperation in Washington for a seminar that empowers our future leaders. I look forward to sharing details with your delegations in the near term. While in Tunisia, our delegation also held roundtables with civil society groups and local and international election observers. I was encouraged by the bold commitment of these groups to preserving and advancing the gains Tunisia has made since 2011 in respect for the rule of law, democracy, and fundamental freedoms. I remain concerned, however, that the ongoing imprisonment of one of the leading presidential candidates could undermine confidence in the democratic process. In Israel, our delegation met both with Israeli Prime Minister Benjamin Netanyahu and Palestinian Authority Prime Minister Mohamed Shtayyeh. Both leaders were candid in their assessments of the impasse in the peace process. While no clear opportunities emerged, I was affirmed in my belief that parliamentary diplomacy bridges divides. Prime Minister Netanyahu shared his sobering assessment of the global threat posed by Iran and the existential danger it poses to the people of Israel. I hope we will discuss ways of addressing this matter during our debates in the coming days. During a roundtable with Israel-based civil society, we heard warnings about possible threats to the rule of law impacting both Israeli citizens and Palestinians. In a separate meeting with the leaders of major Christian denominations, including Greek Orthodox Patriarch of Jerusalem Theophilos III, we explored interreligious relations and the mediating role Christian churches play in the Holy Land. In Luxembourg this summer, this assembly passed a resolution I authored on the importance of integrating and protecting civil society engagement in the work of the OSCE and this Assembly. Our meetings with such groups in Tunis and Jerusalem confirms the value of consulting local activists in our work as parliamentarians at home and abroad. In the coming days, I urge you, my distinguished colleagues, to continue exploring ways to integrate civil society in our work and to deepen engagement with the Mediterranean Partners, particularly through support for- and observation of their electoral processes.
Safe and Dignified ReturnFriday, September 20, 2019
In July, nearly 300 parliamentarians from the 57 OSCE participating States met for the OSCE Parliamentary Assembly (PA) 2019 annual session in Luxembourg, where they addressed in a final declaration the wide range of issues of current concern to the organization. Of these issues, none received more attention than those relating to human rights and humanitarian questions; the relevant section of the declaration contained more than 180 paragraphs. Leading subjects of concern included the treatment of investigative journalists, manifestations of discrimination and intolerance in society, gender inequality, and efforts to stifle dissent. The text also focused heavily on migration, including the rights of refugees. During the consideration of a final text for adoption, Rep. Sheila Jackson Lee (TX-18), who has been active in representing the United States at OSCE PA meetings in recent years and serves on the OSCE PA’s Ad Hoc Committee on Migration, proposed an amendment underlining the importance of the right of safe return of refugees. Her amendment, co-sponsored by other members of Congress and by parliamentarians from Cyprus, Georgia, Ireland, Italy, and North Macedonia, made clear that returns should not only be safe, but also voluntary and dignified. The adopted text, included in the Luxembourg Declaration, reads as follows: “The OSCE Parliamentary Assembly underlines that the right of voluntary, safe and dignified return for refugees and internally displaced persons to their homes and properties must be guaranteed;” The concept of voluntary return is at the heart of binding international law on refugees. The 1951 Convention Relating to the Status of Refugees states, “No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.” The convention originally was restricted to people who became refugees because of “events occurring in Europe before 1 January 1951.” The 1967 Protocol Relating to the Status of Refugees, which removed the convention’s time and geographic restrictions, maintains the binding “non-refoulement” obligation. There are only a few exceptions on “grounds of national security or public order” and only after “due process of law.” According to the Guiding Principles on Internal Displacement, presented in 1998 by the United Nations Secretary General’s Representative on Internally Displaced Persons, “Competent authorities have the primary duty and responsibility to establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country.” The principles are not legally binding on governments, but they are the point of reference for how a government should respond to internally displaced persons.
Co-Chairman Wicker Welcomes Confirmation of Assistant Secretary DestroThursday, September 19, 2019
WASHINGTON—Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) today welcomed the confirmation of Robert A. Destro to serve as the Assistant Secretary of State for Democracy, Human Rights, and Labor. The Assistant Secretary traditionally also serves as the State Department’s representative on the Helsinki Commission. “I am pleased that Assistant Secretary Destro has been confirmed to this critical post, and I look forward to working closely with him to promote security and human rights around the globe,” said Co-Chairman Wicker. “I encourage the White House to act quickly and formally appoint him to the Helsinki Commission. America’s voice is strongest and most effective when our executive and legislative branches work together. The Helsinki Commission offers a unique opportunity to reap the benefits of such a partnership.” Mr. Destro is a human rights advocate and a civil rights attorney with expertise in religious freedom issues and election law. He is also professor of law and founding director of the Institute for Policy Research and Catholic Studies at The Catholic University of America.
Helsinki Commission Leaders Appoint Shannon Simrell as Representative to U.S. Mission to the OSCEWednesday, September 18, 2019
WASHINGTON—Rep. Alcee L. Hastings (FL-20), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), today announced the appointment of Shannon Simrell as the Representative of the Helsinki Commission to the U.S. Mission to the OSCE (USOSCE). “On behalf of the Commission leadership, I am pleased to welcome Shannon Simrell as the Helsinki Commission’s representative to USOSCE for the 116th Congress,” said Chairman Hastings. “Her extensive experience with a wide variety of OSCE missions and institutions makes her an invaluable resource not only to the Helsinki Commission but also to Ambassador Gilmore and our other State Department colleagues.” For 25 years, Simrell has worked to advance U.S. comprehensive security objectives in the Balkans, Central and Eastern Europe, Caucasus, and Central Asia. Early in her career, Simrell organized short-term democratization and environmental study tours in the United States for emerging leaders in Central and Eastern Europe and Russia. Between 2006 and 2008, she served first as a democratization officer then as acting regional center director at the OSCE mission in Kosovo. Following her time in Kosovo, Simrell spent a decade recruiting, deploying, and supporting more than 2,300 American experts serving in nearly 100 OSCE permanent, special, and election observation missions on behalf of the U.S. Department of State. During this time, she observed elections in Kosovo, Georgia, Ukraine, and Tajikistan, and conducted dozens of site visits to OSCE missions and institutions. Simrell replaces Janice Helwig, who returns to the Helsinki Commission in Washington to resume her previous position of senior policy advisor. Helwig’s portfolio will include Central Asia, trafficking in persons, and the OSCE’s human dimension.
A Global Pandemic: DisinformationMonday, September 16, 2019
By Annie Lentz, Max Kampelman Fellow Popularly and ambiguously dubbed “fake news,” malign efforts to spread false facts often are wrongly lumped together with politicians’ diatribes against negative media coverage. Well-orchestrated disinformation campaigns do exist around the world, using algorithms, social platforms, and advertisements as a means of deceiving the public and undermining democracy. Due to its proliferation and widespread attention, the definition of so called “fake news” has been lost. Even the meaning of the terms it is defined by are ambiguous. In fact, misinformation and disinformation are not synonymous. Misinformation refers the inadvertent spread of false information, while disinformation refers to the purposeful circulation of deceptive news stories by both state and nonstate actors. Disinformation plagues the modern world in increasingly sophisticated and pervasive ways largely due to widespread use of social media. Whether it’s shared through Twitter, Facebook, Instagram, or WhatsApp, fake news is easy to share, difficult to identify, and almost impossible to stop. Easy to Share The trickle-down effect of counterfeit news campaigns is massive. A single fake story has the potential to reach millions, propagated by bots and trolls and manipulation of social media content algorithms. For example, a heavily edited interview from conservative CRTV portrayed a fictional conversation between one of their hosts and Rep. Alexandria Ocasio-Cortez where the Congresswoman admitted to know nothing of the legislative process. Although CRTV eventually said it was satire, the video was viewed almost 1 million times within 24 hours prior to CRTV’s clarification. This was not an isolated incident. Thanks to the universality of social media, with Facebook and Twitter having a global presence economically and socially, cultures around the world are all susceptible to manipulation through such platforms. Following the 2019 European Union elections—second only to India as the largest democratic elections in the world—the European Commission documented “ongoing disinformation campaigns” by Russian sources. Officials went on to demand Facebook, Google, and Twitter “step up their efforts” in combatting fake news; they classified the fight as enduring, saying, “Malign actors constantly change their strategies. We must strive to be ahead of them.” The influence and impact of Russian disinformation efforts remains unknown and therefore future elections in both the EU and elsewhere remain at risk. Difficult to Identify Several aspects of the communication space make disinformation hard to identify. When reading content from a seemingly trustworthy source, even if there is no evidence of professionalism, most naturally consider the information to be trustworthy. However, that is not always the case and those creating and spreading propaganda are well-versed in mimicking reputable sources in structure and design. Moreover, the more specific the topic and narrow the scope, the easier it is for disinformation to spread as consumers lack the background and context to identify red flags, which are becoming ever harder to detect. According to Politifact, earlier this year a Facebook post about Senate Majority Leader Mitch McConnell, claiming he was trying to take away health care from millions of Americans, went viral. This claim was a mischaracterization of his stance on federal funding for health care and falsified his personal history with the program. Regardless, the false narrative spread to thousands of people who lacked the in-depth background knowledge to recognize the inaccuracy. Disinformation is not limited to false news stories or phony websites; it also extends to doctored photos and videos, like the CRTV interview previously mentioned. The Washington Post’s guide to fact-checking video makes the point, “Seeing isn’t believing.” Even high-profile politicians can be fooled by such disinformation. One doctored video appearing to show Nancy Pelosi drunk that was retweeted by President Trump, who shared the false narrative with more than 62.8 million followers. Even content originating from seemingly trustworthy sources can be deceptive. For example, pro-Brexit campaigns from the UK Independence Party (UKIP) during the EU referendum vote in 2016 told a false story through misleading photos (actually from the border of Slovenia) of thousands of immigrants pouring into the UK. Though the poster and campaign were widely condemned, it is impossible to measure the number of voters that may have been influenced. However, the very existence of such misleading material threatened the democratic integrity of the referendum. The Russia Problem While there are many guilty parties—like those who spread doctored stories and videos leading up to India’s elections in April and May of 2019 and incited hatred between Buddhists and Muslims in Sri Lanka and Malaysia on Facebook—the biggest culprit behind the growth of widespread disinformation is the Russian Government. The Kremlin has used sophisticated disinformation campaigns to justify its actions in Crimea and eastern Ukraine, interfere in the 2019 European Union elections, and attempt to influence the 2016 U.S. presidential elections. However, Kremlin interference isn’t isolated to politics. RT America, cited as a principle meddler in the 2016 presidential elections, aired a campaign of stories about health risks associated with 5G signals, none of which were supported by scientific facts. Such efforts from “the Kremlin’s principal international propaganda outlet” match what experts cite as the Kremlin’s ultimate goal: to amplify voices of dissent, sow public discord, and exacerbate social divides. Impossible to Stop … or Not? There is no global police force to defend against disinformation. There are platform-specific efforts, such as Facebook’s regulations for political advertising; grassroots efforts, like Factitious, an online game designed to teach students to identify fake news stories; and coalitions like the one formed by Facebook, Google and Twitter after the March 15 massacre in Christchurch, New Zealand, when the tech giants signed an agreement with world leaders to fight hate speech online. However, with the amount of disinformation growing every day and no unified or cohesive approach from both the public and private sector to aggressively and actively combat online propaganda, these efforts are akin to putting a Band-Aid on a broken leg. Any attempts to regulate disinformation are constrained by the right to free speech. If the response is too broad–whether from a corporation like Facebook or a government entity–it quickly challenges the fundamental freedoms afforded to citizens. On the one hand, stopping false facts from spreading and inundating social media benefits democracy and freedom the world round. On the other hand, the people’s right to free speech must be respected. Any meaningful efforts to battle disinformation must carefully balance the protection of the community against the protection of the individual. In addition, those with the best ability to fight against disinformation—private companies like Facebook and Twitter—have no true legal obligation to do so and may have alternative interests in terms of profit. Until Congress shined a light on this problem, there were no serious efforts on the part of social media platforms to fight against foreign influence. As social platforms and their users maintain the right to freedom of expression, the ability of Congress to require them to undertake any specific efforts is lacking. However, that hasn’t stopped them from trying. There are other solutions. One is promoting better media literacy among citizens, so they can more easily identify false or misleading information. Another is “sourcing” news stories, so readers know the true origin of a story—a story about a local issue in Kansas may in fact emanate from Russia, for example. The content would still be available, but readers would have a better awareness of potential manipulation by outside actors. To combat the ripple effect of disinformation, media self-regulation to verify sources and stories before publishing them is another effective tool. The most important and most effective way to confront disinformation is by understanding it. Through events like the 2017 Helsinki Commission hearing on Russian Disinformation, and OSCE Representative on Freedom of the Media Harlem Désir’s efforts to lead the OSCE in combatting disinformation, additional progress can be made. Disinformation is a disease to which no one is immune; the longer the virus goes untreated, the worse it becomes.
INTRODUCTION OF THE TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION ACT OF 2019 (TRAP ACT)Monday, September 16, 2019
Mr. HASTINGS. Madam Speaker, as Chairman of the U.S. Helsinki Commission—a congressional watchdog for human rights and democracy in Europe and Eurasia—I am frequently reminded of the new opportunities that technology and globalization present for human rights defenders around the globe. For those struggling to defend their liberty and human dignity, our interconnected world brings with it the possibility of sharing information, coordinating action, and demonstrating solidarity across thousands of miles in fractions of a second. It means that truth is more capable of piercing the veil of enforced ignorance erected by the world’s most repressive states Technology also further empowers dissidents in exile to connect with, and influence the foot soldiers of freedom who march on in their homelands. But with these new openings for liberty come novel approaches to repression. Authoritarian and autocratic regimes are appropriating agile, 21st century technology to prop up sclerotic systems of brutality and corruption. Technological developments have provoked greater feelings of insecurity in these brittle regimes and propelled them to extend their repression far beyond their borders, sometimes reaching into the refuge of democratic societies where political opponents, independent journalists, and civil society activists operate in safety. Madam Speaker, I recently introduced bipartisan legislation to tackle these emerging challenges with my friend and Helsinki Commission Ranking Member, Representative JOE WILSON of South Carolina We are confident that this legislation, supported by the bicameral leadership of the Helsinki Commission and other leaders on human rights, will place the United States on course to lead the free world in holding the line against these modern manifestations of political persecution, or what some have called ‘‘transnational repression.’’ The Transnational Repression Accountability and Prevention Act—or TRAP Act—is designed to counter one key instrument in the autocrat’s 21st century toolkit politically-motivated abuse of the International Criminal Police Organization, more commonly known as INTERPOL. INTERPOL is a legitimate and potent tool for international law enforcement cooperation—one that the United States relies on heavily to bring criminals to justice and thwart threats to security around the globe. Sadly, autocrats have recognized the potential for repression in INTERPOL’s worldwide communications system that ties into the law enforcement agencies of its 194 member countries. The Helsinki Commission regularly receives credible reports from human rights defenders, journalists, political activists, and businesspeople who have fallen victim to the efforts of corrupt regimes to ensnare them using INTERPOL’s system of international requests for arrest and extradition, known as Red Notices and Diffusions. These are the modern-day ‘‘traps’’ addressed by the TRAP Act. Because of these notices, innocent individuals live in fear of traveling mternationally and have been detained, had their bank accounts closed, and, sometimes, been returned into the hands of the very regimes from which they escaped. Madam Speaker, our legislation opens three new fronts agamst the threat of INTERPOL abuse. First, it clearly states that it is the policy of the United States to use our influence in INTERPOL to advance specific reforms that increase transparency and accountability for those that abuse the system while helping the organization to live up to its stated obligations to uphold international human rights standards and resist politicization It further establishes that the United States will use its diplomatic clout to confront countries that abuse INTERPOL and work to ensure the freedom of movement and ability to engage in lawful commerce of victims of this abuse the world over. Second, the TRAP Act exerts oversight over the United States’ internal mechanisms to identify, challenge, and respond to instances of INTERPOL abuse. The bill requires the Departments of Justice, Homeland Security, and State—in coordination with other relevant agencies—to submit to Congress an assessment of the scope and seriousness of autocratic abuse of INTERPOL, an evaluation of the adequacy of the processes in place domestically and at INTERPOL to resist this abuse, and a plan for improving interagency coordination to confront this phenomenon. Third, and perhaps most importantly, the TRAP Act places strict limitations on how the United States Government can use INTERPOL notices in legal or administrative proceedings that could interfere with the freedom or immigration status of individuals in our country. We have been deeply concerned by reports that some authorities in this country have improperly cited INTERPOL notices from autocratic countries to detain individuals and place them in danger of being returned to the very countries from which they fled. The TRAP Act will make crystal clear that autocratic regimes cannot use INTERPOL notices to weaponize the U.S. judicial system against their political targets. Madam Speaker, these measures are critical to restricting the freedom that some autocratic regimes have enjoyed to harass, persecute, and detain their political opponents around the world. Authoritarian and autocratic states like China, Russia, Kazakhstan, Tajikistan, Turkey, Azerbaijan, and Venezuela must be called out by name and held to account for their repeated manipulation of legitimate law enforcement tools for petty political ends. Madam Speaker, I would also like to place the TRAP Act in the context of the other work that the U.S. Helsinki Commission has done to address the grave threat of transnational repression and malign influence by authoritarian regimes. The Countering Russian and Other Overseas Kleptocracy—or ‘‘CROOK’’ Act, the Kleptocrat Exposure Act, and the Rodchenkov Anti-Doping Act have all been the result of a focus by Commissioners and Commission staff on developing a bipartisan congressional response to the existential threat of global authoritarianism. We can no longer sit idly by, content that those who wish to do us harm are on the other side of the world. In this new age of autocracy, the threat is here—now—and it comes in the form of abusive Red Notices, dirty money, and bought-and-paid-for lawfare tactics The purpose of these tactics is to silence journalists and activists, hollow out the rule of law, and ensure that no one ever dare pursue this new class of transnational kleptocrats whose sole goal is the wholesale looting of the countries they claim to serve and the seamless transfer of those ill-gotten gains to our shores and those of our allies.
2019 Human Dimension Implementation MeetingFriday, September 13, 2019
From September 16 to September 27, OSCE participating States will meet in Warsaw, Poland, for the 2019 Human Dimension Implementation Meeting (HDIM), organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR). As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. During the 2019 meeting, three specifically selected topics will each be the focus of a full-day discussion: “safety of journalists,” “hate crimes,” and “Roma and Sinti.” These special topics are chosen to highlight key areas for improvement in the OSCE region and promote discussion of pressing issues. Human Dimension Implementation Meeting 2019 Since the HDIM was established in 1998, the OSCE participating States have a standing agreement to hold an annual two-week meeting to review the participating States’ compliance with the human dimension commitments they have previously adopted by consensus. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as refugee migration and human trafficking), and concerns relating to tolerance and nondiscrimination (such as countering anti-Semitism and racism). Each year, the HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma and Sinti. Unique about the HDIM is the inclusion and strong participation of non-governmental organizations. The United States has been a stout advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE structures allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. Members of the U.S. delegation to the 2019 HDIM include: Ambassador James S. Gilmore, U.S. Permanent Representative to the OSCE and Head of Delegation Christopher Robinson, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs Roger D. Carstens, Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor Elan S. Carr, Special Envoy to Monitor and Combat Anti-Semitism Alex T. Johnson, Chief of Staff, U.S. Helsinki Commission
Helsinki Commission Leaders Introduce Transnational Repression Accountability and Prevention (TRAP) ActThursday, September 12, 2019
WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Rep. Joe Wilson (SC-02) today introduced the Transnational Repression Accountability and Prevention (TRAP) Act (H.R. 4330) in the House of Representatives. Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) introduced the TRAP Act (S. 2483) in the Senate on Tuesday. The legislation addresses politically-motivated abuse of the International Criminal Police Organization (INTERPOL) by autocracies. “Today’s autocrats don’t simply try to silence journalists, activists, and other independent voices at home. They also hunt them down in their places of refuge abroad,” said Chairman Hastings. “Such repressive regimes even manipulate INTERPOL—a legitimate and potent tool for international law enforcement cooperation—to trap their targets using trumped-up requests for detention and extradition. The United States must act to prevent this flagrant abuse and protect those who fight for freedom, human rights, and the rule of law." “Instead of facing consequences for their serial abuse of INTERPOL, autocratic states like Russia and China have instead jockeyed for senior positions in the organization,” said Co-Chairman Wicker. “The United States and other democracies should impose real costs for this global assault on the rule of law. This legislation would ensure that the United States remains at the forefront of defending the vulnerable against the long arm of state repression.” “The Transnational Repression Accountability and Prevention Act continues the tradition of U.S. leadership in combating INTERPOL abuse, holding perpetrators accountable, and advancing necessary reforms within the U.S. Government and INTERPOL to respond to this threat,” said Rep. Wilson. “This legislation makes it clear that the United States stands on the side of freedom for those who defy repression, resist corruption, and defend human rights wherever they seek refuge and a voice.” “Autocratic regimes are increasingly exporting their repression overseas, including to our own country. The United States must respond more forcefully to these attacks against the rule of law and deter the serial abuse of INTERPOL by repressive governments,” said Sen. Cardin. “This legislation is critical to establishing stronger protections for dissidents and other independent voices whom these regimes wish to apprehend in the United States on politically motivated charges.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Following reports that U.S. immigration authorities have cited such politically-motivated INTERPOL requests to detain some individuals and consider removing them from the United States, the TRAP Act formally codifies strict limitations on how INTERPOL requests can be used by U.S. authorities. The TRAP Act further declares that it is the policy of the United States to pursue specific reforms within INTERPOL and use its diplomatic clout internationally to protect the rights of victims and denounce abusers. The bill requires the Departments of Justice, Homeland Security, and State, in consultation with other relevant agencies, to provide Congress with an assessment of autocratic abuse of INTERPOL, what the United States is doing to counteract it, and how to adapt United States policy to this evolving autocratic practice. The State Department would also be required to publicly report on the abuse of INTERPOL in its annual Country Reports on Human Rights to create a transparent, public record of these violations of the rule of law. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. Original co-sponsors of the legislation include Helsinki Commission members Sen. Marco Rubio (FL), Sen. Cory Gardner (CO), Sen. Sheldon Whitehouse (RI), Rep. Steve Cohen (TN-09), Rep. Brian Fitzpatrick (PA-01), Rep. Richard Hudson (NC-08), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. John Curtis (UT-03), Rep. Sheila Jackson Lee (TX-18), and Rep. Tom Malinowski (NJ-07) are also original co-sponsors.
TOOLS OF TRANSNATIONAL REPRESSIONThursday, September 12, 2019
To silence dissent from abroad, autocrats often turn to the International Criminal Police Organization, known as INTERPOL, to file bogus criminal claims seeking the arrest and extradition of their political targets. This abuse of INTERPOL Red Notices and Diffusions enables autocratic governments to harass and intimidate their opponents thousands of miles away, even within free and democratic societies. Titled “Tools of Transnational Repression: How Autocrats Punish Dissent Overseas,” this U.S. Helsinki Commission hearing examined INTERPOL abuse among other autocratic practices aimed at suppressing dissent across borders, including surveillance, abduction, and assassination. Commission Co-Chairman Sen. Roger Wicker chaired the hearing and was joined by Commission Ranking Members Sen. Ben Cardin and Rep. Joe Wilson and Commissioners Sen. Cory Gardner, Sen Sheldon Whitehouse, and Rep. Marc Veasey. Co-Chairman Wicker opened the hearing by stating that “the Helsinki Commission is particularly concerned by the politically motivated abuse of Interpol by autocratic states wishing to harass and detain their opponents overseas, often in the hopes of trying them on bogus criminal charges.” While acknowledging INTERPOL as a legitimate and potent law enforcement tool, Sen. Wicker noted that its “broad membership leaves it open to manipulation by authoritarians.” In his opening remarks, Ranking Member Cardin proposed ways to respond to the phenomenon of transnational repression include putting a spotlight on it through the hearing, passing legislation, and enforcing the Magnitsky sanctions. Ranking Member Wilson noted that INTERPOL abuse “is not only imperiling champions of freedom around the world, but undermining the very integrity of INTERPOL and, more broadly, the international system we’ve worked so hard to build.” Witnesses included Alexander Cooley, Director for Columbia University’s Harriman Institute for the Study of Russia, Eurasia, and Eastern Europe and Claire Tow Professor of Political Science at Barnard College; Sandra A. Grossman, Partner at Grossman Young & Hammond, Immigration Law, LLC; Bruno Min, Senior Legal and Policy Advisor for Fair Trials; and Nate Schenkkan, Director for Special Research at Freedom House. They described the roots of transnational repression, salient examples of its use, how INTERPOL systems should be reformed to safeguard the rights of the innocent, and INTERPOL abuse affects the American immigration system. Mr. Cooley recognized that while transnational repression is not a new phenomenon, there is a current upsurge in its use that stems from a global backlash against democratization. He further cited the role of globalization in creating new diaspora communities around the world and the rise of new information technologies as other factors contributing to the increasing incidents of transnational repression. Mr. Schenkkan recommended that the United States and other democratic states work to “blunt the tools of transnational repression,” including through INTERPOL reform, and to “to raise the cost of engaging in transnational repression,” such as by sanctioning its perpetrators. Mr. Min explained Fair Trials’ recommendations for INTERPOL reform, including ways to improve the review process of red notices and diffusions, further integrate due process standards into INTERPOL’s appeal process for red notices and diffusions, and increase the transparency of INTERPOL’s internal decision-making. Ms. Grossman addressed instances in which United States’ Immigration and Customs Enforcement (ICE) used Red Notices to detain or otherwise render immigration determinations against individuals in this country, even though the Department of Justice does not recognize Red Notices as a legitimate basis for arrest. She recommended that the U.S. government take steps to improve the understanding of immigration officials concerning the proper handling of Red Notices. Mr. Cooley, Mr. Schenkkan, and Ms. Grossman all endorsed the Transnational Repression Accountability and Prevention (TRAP) Act introduced by the Commission’s leadership to address the abuse of INTERPOL internationally and the misuse of its communications by U.S. authorities.
“The Human Dimension” is OSCE-speak for human rights, democracy, and humanitarian concerns.
When the Helsinki Final Act (HFA) was signed in Helsinki, Finland in 1975, it enshrined among its ten Principles Guiding Relations between participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII).
In addition, the HFA included a section on cooperation regarding humanitarian issues that provided an umbrella for addressing (among other things) family reunification and working conditions for journalists.
"The Human Dimension" was a term coined during the drafting of the 1989 Vienna Concluding Document to serve as shorthand to describe the human rights and humanitarian provisions of the agreements concluded within the framework of the Helsinki process. Today, it has come to include the OSCE’s watershed commitments on democracy, the rule of law, and free and fair elections.
In any given year, the OSCE participating States address human dimension issues in multiple fora. The Human Dimension Implementation Meeting – HDIM – attracts the largest number of participants, covers the greatest range of issues, and is open to participation by civil society.
That work includes formal sessions on the full range of human rights issues as well as rule of law, free elections, and democracy-building issues. National minorities, Roma, and tolerance and nondiscrimination are also on the agenda.
U.S. Delegation Led by David Kramer
The 2015 HDIM was held September 21 to October 2 and drew 1,386 participants.
The U.S. delegation was led by David J. Kramer, Senior Director for Human Rights and Human Freedoms at the McCain Institute and former Assistant Secretary of State for Democracy, Human Rights, and Labor. It also included U.S. Ambassador to the OSCE Daniel Baer; Deputy Assistant Secretary of State for Democracy, Human Rights and Labor Robert Berschinksi; Department of State Special Advisor for International Rights Judith Heumann; and Helsinki Commission Senior Senate Staff Representative Ambassador David T. Killion. Helsinki Commission staff participated in all aspects of the delegation’s work.
In addition to active engagement in the formal sessions, the United States participated in side events focused on specific countries or issues organized by civil society, OSCE participating States, or international organizations, and held numerous bilateral meetings with other delegations to raise and discuss human rights. Special Advisor Heumann led a panel highlighting the importance of disability rights for OSCE countries as part of a U.S. side event cosponsored with Finland.
Russia: External Aggression and Internal Repression
During the HDIM, Russia’s aggression in and against Ukraine was raised in connection with almost every agenda item for the meeting. The OSCE Office for Democratic Institutions and Human Rights (ODIHR) also issued a joint report prepared with the OSCE High Commissioner on National Minorities detailing widespread human rights violations in Russian-occupied Crimea.
Increasing levels of repression within Russia also were raised throughout the HDIM and served to highlight the relationship between external aggression and internal repression.
In early 2015, Boris Nemtsov, an advocate for the rule of law and accountability in Russia and an outspoken Russian critic of the Russian government’s war against Ukraine, was gunned down just outside the Kremlin. Russia’s increasingly repressive government has eroded the democratic institutions that ensure a government’s accountability to its people. A free and independent media is virtually nonexistent and the remaining state-controlled media is used to propagandize disinformation, fear, bigotry, and aggression.
Azerbaijan’s Record Draws Sharp Criticism
In 2015 Azerbaijan unilaterally shuttered the OSCE Mission in Baku, effectively blocked the OSCE’s independent election observation in October, and sentenced journalist-heroine Khadija Ismayilova to 7 ½ years in prison for reporting on government corruption. The government of Azerbaijan has also escalated pressure against the family members of its critics, in a further effort to stifle dissent. As a consequence, throughout the HDIM, Azerbaijan was the subject of singular attention and criticism.
In one particularly sharp exchange with the moderator during the discussion of fundamental freedoms in the digital age, Azerbaijan challenged its critics to name at least 25 of an estimated 100 political prisoners. A partial list – 25 names – is below.
- Abilov, Abdul
- Aliyev, Intigam
- Aliyev, Nijat
- Akhundov, Rashadat
- Guliyev, Araz
- Hasanov, Nasimi
- Hashimli, Parviz
- Hazi, Seymur
- Ismayilova, Khadija
- Jabrayilova, Valida
- Jafarov, Rasul
- Karimov, Fara
- Mammadli, Anar
- Mammadov, Hilal
- Mammadov, Igar
- Mammadov, Omar
- Mirkadirov, Rauf
- Ramazanov, Rashad
- Rustamov, Aliabbas
- Rustamzada, Ilkin
- Seyidov, Elnur
- Yagublu, Tofig
- Yunusov, Arif**
- Yunus, Leyla**
- Zakharchenko, Irina
**Leyla and Arif Yunus have been released from prison since the HDIM but remain under house arrest.